If you’ve decided you want to spend the rest of your life with your partner, you may choose to ask them to get married. While you may think all that matters is whether they say yes, those in relationships with noncitizens have much more to consider. To get married, your partner must obtain a K-1 (fiancè) visa to enter the U.S. To obtain a fiancè visa, you will have to undergo a marriage visa interview to determine the authenticity of the relationship. If you’re worried about this interview, please don’t hesitate to contact a qualified Middlesex County, New Jersey, Family Immigration Lawyer who can help you understand what to expect.
What is the Marriage Visa Interview?
If you plan on marrying a foreign national and wish to bring them to the U.S. for marriage, you must apply for a K-1 (fiancè) visa. Once approved, the foreign national is authorized to enter the country. However, the marriage must occur within 90 days of their arrival on a K-1 visa. It’s crucial to note that the U.S. citizen petitioner must have met the K-1 visa holder at least once within two years of filing the petition unless this requirement would violate the strict and long-established customers of their foreign culture or it would result in extreme hardship to the petitioner. After the marriage, the K-1 visa holder can apply to adjust their status to lawful permanent residence without leaving the country.
However, before a foreign nation can be approved for a K-1 visa, they must meet several requirements. This includes a marriage interview, in which a USCIS officer or consular officer will assess the authenticity of the marriage. As mentioned above, some couples agree to enter a fraudulent marriage so that the foreign national can obtain a lawful permanent residence with no intention of remaining in the marriage once they receive their status change. USCIS requires applications to undergo interviews to determine whether the marriage is in good faith to prevent marriage fraud.
What Can I Expect?
Understandably, the marriage visa interview can be intimidating and a stressful element of this complex legal process. However, you can reduce this stress by knowing what to expect during this process. The interview will be conducted by a USCIS officer (in the U.S.) or a consular officer (abroad). The interviewing officer will assess whether the applicant meets the requirements, address details surrounding their entry to the U.S., and previous immigration history. To ensure the applicant meets the requirements, they will request several documents, such as their birth certificate, medical exam results, affidavit of support, etc.
Moreover, the interviewing officer will ask questions, typically focusing on the relationship’s history and future plans. The interview will also allow couples to present evidence to prove the legitimacy of the marriage. Couples will be interviewed separately by two different officers or by the same officer one at a time.
If you’re preparing for a marriage visa interview, it’s in your best interest to enlist the help of a determined lawyer from the Law Offices of Aditya Surti, LLC, who can help you navigate every step of this process.
